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TO: BOARD OF SUPERVISORS
FROM: Victor J. Westman, County Counsel
Arthur W. Walenta, Assistant County Counsel
DATE: April 1993
SUBJECT: Amendment to Conflict of Interest Code of the Health Services
Department
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Approve Amendment to Exhibit A to the Conflict of Interest Code to
substitute the attached Exhibit A to said code.
BACKGROUND/REASONS FOR RECOMMENDATIONS
The Health Services Department has amended Exhibit A to its code
and submitted the amendment to the Board for approval pursuant to
Government Code section 87306 .
CONTINUED ON ATTACHMENT: YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITT E
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON rZ= APPROVED AS RECOMMENDED OTHER
IF
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT �' TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Orig:County Counsel ATTESTED v��
cc: Clerk, Board of Supervisors PHIL BATCHE R, CLERK OF
Health Services Department THE BOARD OF SUPERVISORS AND
Attn: Shelley Pighin COUNTY ADMINISTRATOR
BY � �� , DEPUTY
CONFLICT OF INTEREST CODE
LIST OF DESIGNATED POSITIONS
EXHIBIT "A"
AMENDED MARCH, 1993
Class/Functional Title Disclosure
Category
Office of the Director
Health Services Director 1 & 2
Department Medical Director 1 & 2
Asst. to the Health Svcs Director 1 & 2
Conservatorship/Guardianship Program Chief 2 & 3 (P-2)
Conservatorship Program Supervisor 2 & 3 (P-2)
Properties Trust Officer 2 & 3 (P-2)
Contracts & Grants Administrator 2
Contracts & Grants Specialist 2
Exec Asst/Hazardous Materials Commission 1 & 2
Employee Services Office
Health Services Personnel Officer 1 & 2
Finance Division
Department Finance Officer 1 & 2
Financial Controller 1 & 2
Health Services Administrators (all) 1 & 2
Health Service Systems Manager 1 & 2
Patient Financial Services Manager 1 & 2
Med. Svcs. Man. Info. & Ev. Dir. 1 & 2
Hospital and Clinic Division
Hospital Executive Director 1 & 2
Health Services Administrators 1 & 2
Hospital Medical Director 1 & 2
Assoc. Hosp. Exec. Director - Patient Care 3 (A)
Environmental Services Manager 3 (C) (D) (E) (J)
Chief Clinical/Pathology Lab Technologist 3 (I) (K)
Ambulatory Care Administrator 1 & 2
Director of Hospital Nursing Services 3 (A)
Facilities Manager 1 & 2
Director of Pharmacy Services 3 (B)
Director of Ambulatory Care Nursing 1 & 2
Page 1
Chief Radiologic Technologist 3 (A) (C) (D) (K)
(P-1)
Medical Social Services Director 1 & 2
Materials Manager 3 (A-P)
Chief of Security 2
Nursing Program Manager 3 (A) (C) (D) (E)
Chief, Cardiopulmonary Support Services 3 (A) (C) (D) (E)
(F) (K) (P-1)
Chief, Rehabilitation Therapy Services 3 (A) (D) (K) (L)
(P-1)
Central Supply Manager 3 (A) (C) (D) (E)
(F) (I) (J) (K)
(L)
Contra Costa Health Plan
Asst. Hlth. Svcs. Director (Executive Director) 1 & 2
Exempt Medical Staff Physician (Medical Director) 1 & 2
Marketing Director - Exempt 1 & 2
Health Services Administrator (all) 1 & 2
Health Services Planner/Evaluator 1 & 2
Provider Affairs Manager - Exempt 1 & 2
Member Services Coordinator 1 & 2
Member Services Counsellor 1 & 2
Medi-Cal Enroller 1 & 2
Sales Representative 1 & 2
Environmental Health Division
Supv. Environmental Hlth. Specialist (all positions) 4 (A-J)
Environmental Hlth. Specialist II (all positions) 4 (A-J)
Environmental Hlth. Specialist I (all positions) 4 (A-J)
Occupational Health Specialists (all positions) 4 (A-J)
Hazardous Materials Specialists (all positions) 4 (A-J)
Deputy Dir. of EH. General Programs 4 (A-J)
Emergency Medical Services Director 1 & 2
Mental Health Division
Asst. Hlth. Svcs. Director (Division Director) 1 & 2
Geriatric Services Program Chief 3 (N) (P-2)
Exempt Medical Staff Physician, (Inpatient Services
Director, Division Medical Director) 1 & 2
Children & Adolescent Services Program Chief 1 & 2
A/DA/MH Division Administrator 1 & 2
Page 2
Mental Health Acute Services Supervisor 3 (A) (B) (D) (E)
(all positions) (M) (P)
Mental Health Adult Services Supervisor 3 (A) (B) (D) (E)
(all positions) (M) (P)
Mental Health Children Services Supervisor 3 (A) (B) (D) (E)
(all positions) MR)
Mental Health Continuing Care Services Supervisor 3 (A) (B) (D) (E)
(all positions) MR)
Mental Health . Criminal Justice Program Supervisor 3 (A) (B) (D) (E)
(all positions) (M) (P)
Health Services Administrator (all positions) 1 & 2
Alcohol/Drug Abuse Division
Alcohol Program Chief 1 & 2
Alcohol Rehabilitation Program Supervisor 3 (B) (D) (M) (N)
(0) (P)
Substance Abuse Program Director 1 & 2
Drug Abuse Program Supervisor 3 (B) (D) (M) (N)
(0) (P)
Health Services Administrator 1 & 2
Public Health Division
Assistant Health Svcs. Director (Division Director) 1 & 2
Public/Environmental Health Division Administrator 1 & 2
Chief Pediatric Therapist 3 (A) (D) (L)
(P-1)
Exec. Asst. Develop. Disabilities Council 1 & 2
Director, Public Health Lab 3 (I) (K)
Home Health Agency Director 3 (A) (D) (P-1)
Home Health Rehab. Therapy Coordinator 3 (A) (D) (L)
(P-1)
Home Health Nursing Supervisor (all positions) 3 (A) (D) (E)
(P-1)
PH Clinic Services Nursing Supervisor 3 (A) (D) (E)
(P-1)
Developmental Center Director 1 & 2
Health Services Administrator (all positions) 1 & 2
Public Hlth. Prog. Specialist I & II (all positions) 1 & 2
Communicable Disease Program Chief 1 & 2
Exec. Asst. Public/Environmental Hlth. Adv. Bd. 1 & 2
CHDP Program Director 1 & 2
Tobacco Prevention Project Coordinator 1 & 2
conflict Page 3
TO: BOARD OF SUPERVISORS
FROM: Victor J. Westman, County Counsel
By: Arthur W. Walenta, Assistant County Counsel
DATE:
SUBJECT: Amendment to Conflict of Interest Code of the San Ramon Valley
Fire Protection District
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Approve Amendment to Exhibit A to the Conflict of Interest Code to
substitute the attached Exhibit A to said code, and change the name
of the District in said Code to San Ramon Valley Fire Protection
District .
BACKGROUND/REASONS FOR RECOMMENDATIONS
The District has amended Exhibit A to its code and submitted the
amendment to the Board for approval pursuant to Government Code
section 87306 , and requests official action to correct the name of
the District on its code.
CONTINUED ON ATTACHMENT: YES SIGNATURE
_ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD CO TEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON D APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Orig: County Counsel ATTESTED ape�e40
cc: Clerk, Board of Supervisors PHIL BATCHE OR, CLERK OF
San Ramon Valley Fire THE BOARD OF SUPERVISORS
Protection District AND COUNTY ADMINISTRA OR
LJ ��
BY— , DEPUTY
MAM/jh
J-12:a:\board.fpd
r x„
PROPOSED AMENDMENT TO CONFLICT OF INTEREST CODE
SAN RAMON VALLEY FIRE PROTECTION DISTRICT
We have reviewed our Conflict of Interest Code for the 1990-92 review period adopted
July 26, 1976 and amendments of January 25, 1977, August 16, 1983 and August 2,
1988.
Change the designation titled "Senior Fire Inspector" on Exhibit A to "Supervising Fire
Inspector".
Change the name as adopted on the original Conflict of Interest Code of July 26, 1976,
from Danville Fire Protection District of Contra Costa County to conform to the present
name of San Ramon Valley Fire Protection District as adopted by Resolution on May 5,
1980.
EXHIBIT "A"
Designated Positions Disclosure Category
Member of the Board of Fire Directors 1 & 2
Chief Administrator, Fire Chief 1 & 2
Assistant Fire Chief 1 & 2
Battalion Chiefs 1 & 2
Fire Marshal, Chief of Fire Prevention 1 & 2
Senior Fire Inspector 3 (H) (1) (J) (l) (M) (N) (0)
Fire Inspector 3 (H) (1) (J) (I) (M) (N) (0)
Fire District Legal Counsel 1 & 2
TO: BOARD OF SUPERVISORS
FROM: Victor J. Westman, County Counsel
Arthur W. Walenta, Assistant County Counsel
DATE: April 1993
SUBJECT: Amended Conflict of Interest Code for the John Swett Unified
School District
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Approve the attached amended Conflict of Interest Code of the John
Swett Unified School District .
BACKGROUND/REASONS FOR RECOMMENDATIONS
The School District has amended its code and submitted the amended
code to the Board for approval pursuant to Government Code section
87303, 87306 and 87306 . 5 .
CONTINUED ON ATTACHMENT: YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARDCO TTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON
0-APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Orig:County Counsel ATTESTED R 0, /��.�
cc: Clerk, Board of Supervisors PHIL BATCHEL R, CLERK OF
John Swett Unified School District THE BOARD OF SUPERVISORS AND
Attn: John Frank, Superintendent COUNTY ADMINISTRATOR
BY �/ , DEPUTY
• CONFLICT OF INTEREST CODE
I. ADOPTION
In compliance with the Political Reform Act of 1974, California Government Code Section
81000 et seq.,the Governing Board hereby adopts this Conflict of Interest Code,which shall
apply to all Governing Board Members and designated employees of this school district,
as required by California Government Code 87300.
II. DESIGNATED EMPLOYEES
Governing Board Members and district employees who hold positions listed in Attachment
A are designated employees. Individuals in these positions make or participate in making
decisions which may foreseeably have a material effect on financial interests.
Ill. DISCLOSURE STATEMENT FILING
It has been determined that the types of investments, business positions, interests in real
property, and income listed in the disclosure categories in Attachment"B" may foreseeably
be affected by decisions made or participated in by persons in designated positions. Such
Interests are reportable if held by any designated employee or Board Member.
All designated employees and Board Members shall file statements at the time and in the
manner prescribed below, disclosing reportable interests in real property, business
positions,investments in business entities,and income which might foreseeably be affected
materially by the operations of the District.
A. Initial statements disclosing any reportable investments, business positions and
interests in real property shall be filed by each designated employee within thirty
(30) days after the effective date of this Conflict of Interest Code.
Persons who are already in a position when it becomes designated by an
amendment to this Code must file an initial statement within thirty(30) days after the
effective date of the amendment.
Board members and employees appointed, promoted or transferred to designated
positions shall file initial statements within thirty(30)days after the date of assuming
the position.
B. Annual statements shall be filed before April 1 disclosing any reportable
Investments, business positions, interests in real property and income held or
received in the period since the closing date of the employee's previously filed
statement and December 31 st. The statement shall include any reportables partially
or wholly acquired or disposed of during the year, with the date of acquisition or
disposal.
C. Leaving office statements shall be filed by every person who leaves a designated
position specified in Attachment"A"within thirty (30) days after leaving the position,
disclosing his/her reportable investments, business positions, interests In real
property, and income during the period since the closing date of the previous
statement filed pursuant to this Code and the date of termination. The statement
shall include any reportables partially or wholly acquired or disposed of during the
period covered by the statement, with the date of acquisition or disposal.
Conflict of Interest Code, Page I of 4
Disclosure Statement Filint, continued
All statements shall be filed with the school district. The District's filing officer shall make
and retain a copy and forward the original to the appropriate reviewing bow. (The code
reviewing body is the Board of Supervisors of the county in which the-school district is
located if the district is located entirely in one county. The Fair Political Practices
Commission is the code reviewing body for school districts with jurisdiction in more than
one county.) (Government Code 82011)
Individuals who resign within 45 days of initial appointment shall not be required to file
financial Visclosure statements, provided that during the period between appointment and
resignation they did not make, participate in making or use their position to Influence any
district decision or receive, or become entitled to receive, any form of payment by virtue
of being appointed to their position.
IV. DISCLOSURE STATEMENTS CONTENTS
Disclosure statements shall be made on forms supplied by the school district.
A. Investments and Interest in Real Property:
When disclosure of an investment or interest in real property is required, the
statement shall contain the following:
1. A statement of the nature of the investment or interest.
2. The name of the business entity in which each investment is held and a
general description of the business activity.
3. The address or other precise location of the real property.
4. A statement of whether the fair market value of the investment or interest in
real property exceeds one thousand dollars ($1,000), exceeds ten thousand
dollars ($10,000), or exceeds one hundred thousand dollars ($100,000).
5. If the property or investment was partially or wholly acquired or disposed of
during the period covered by the statement, the date of acquisition or
disposal.
Disclosure statements need not include information about an interest in real property
used principally as the filer's residence. The likewise need not report investments
or interests in real property which have a fair market value of less than $1,000.
However, reportable Investments or Interests in real property do include those held
by the filer's spouse and dependent children as well as pro rata share of any
Investment or Interest in real property of any business entity or trust in which the
filer, spouse and dependent children together own a direct, Indirect or beneficial
Interest of ten percent or more.
A. Financial Interest to Report:
1. Investments of $1,000 or more (e.g., stocks, bonds), the value, business
entity in which each Investment is held, and activity of the business.
Conflict of Interest Code, Page 2 of 4
A.•Financial Interest to Report, continued
2. Real property worth$1,000 or more, the value, and location of the property.
3. Income of $250 or more, source of income (e.g., tenant in official's rental
property,spouse's employer);general description of business activity, if any;
and amount.
4. Gifts between $50 and $250, the gift's value and description (e.g., season
tickets to baseball games, complimentary dinner), and the source of the gift.
However,State officials may not receive gifts worth more than $10 per month
from a lobbyist.
5. Loans of $250 or more, the amount of the loan, the annual interest rate;
security on the loan, if any; and the name of the lender.
6. Pro rata share of the payments received by a business if the official owns a
10% or greater interest in the business; name, address, and activity of the
business.
7. Certain payments for travel, including advancements or reimbursements.
V. DISQUALIFICATION
Public officials who have conflicts of interest must disqualify themselves from making or
participating in any related governmental decision. Conflict of interest laws also prohibit
public officials from using their official positions to influence or attempt to influence
governmental decisions.
A conflict of interest exists when all of the following occur:
1) An offical makes, participates in, or uses his or her official position to
Influence a governmental decision;
2) It is forseeable that the decision will affect the official's economic interest;
(Any source of income, other than gifts and other than loans of terms
available to to the public, aggregating to $250 or more in value, received or
promised within 12 months prior to the time the decision is made; and any
donor of, agent for a donor of, a gift aggregating $250 or more received or
promised to the Board member or designated employee within 12 months
prior to the time the decision Is made, should be reported.)
3) The effect of the decision on the offical's economic interest will be material.
Examples of material effects include a change by $250 or more to the
official's income; any financial impact on an offical's employer, business or
real property if it is directly involved in the decision; or a change of $10,000
or more to the value of an official's real property if it is indirectly affected by
a decision.
4) The effect of the decision on the official's economic interest will be
distinguishable from its effect on the public generally. A decision which has
a financial effect on an official's interest will not create a conflict if the
decision will affect the offical's interest in substantially the same manner as
It affects all other persons in the offical's jurisdiction or a significant segment
of these people.
Conflict of Interest Codi Page 3 of 4
Disqualification, continued
A conflict of Interest occurs when a public off ical participates in a governmental decision
which would affect a financial interest. A conflict of interest takes away from the goal of
the public official's job of enacting good public policy.
Section 87100 of the California Government Code does not prevent'any public offical from
making or participating in the making of a decision to the extent his participation is legally
required for the action or decision to be made. The fact that an official's vote is needed to
break a tie does not make his participation legally required for purposes of this section.
(Section 87101)
VI. MANNER OF DISQUALIFICATION
When a designated employee determines that he/she should not make a decision because
of a disqulifying interest, he/she should submit a written disclosure of the disqualifying
Interest to his/her immediate supervisor. The supervisor shall immediately reassign the
matter to another employee and shall forward the disclosure notice to the Superintendent,
who shall record the employee's disqualification.
Governing Board Members shall disclose a disqualifying interest at the meeting during
which consideration of the decision takes place. This disclosure shall be made part of the
Board's official record. The Board Member shall then refrain from participating in the
decision in any way.
VII. LEGAL REFERENCES/DEFINITIONS
The District Conflict of Interest Code comprises the terms of the California Code of
Regulations,Title 2, 18730 (See Exhibit) and any amendments to It duly adopted by the Fair
Political Practices Commission, together with district attachments (A and B) specifying
designated positions and disclosure categories.
(cf. Board Policy 2300 and Board Bylaw 9270)
Attachments A and B are on the following pages.
Conflict of Interest Code, Page 4 of 4
Attachment A
DESIGNATED POSITIONS
I. Persons occupying the following positions are designated employees and must disclose
financial interests in Category I, Attachment B.
Governing Board Members
Superintendent of Schools
Director of Fiscal Services
The Superintendent may determine in writing that a particular consultant, although in
a "designated position," is hired to perform a limited range of duties and thus not
required to fully comply with disclosure requirements. The Superintendent's written
determination shall include a description of the consultant's duties and a statement of
the extent of disclosure requirements based upon that description. This determination
is a public record and shall be retained for public inspection along with this conflict
of interest code.
II. Persons occuyping the following positions are designated employees and must disclose
financial interests defined in Category 2 of Attachment B.
Principals
Director of Maintenance, Operations and Transportation
Attachment B
DISCLOSURE CATEGORIES
Designated persons in this category must report:
Category I
a) Interests in real property located in entirely or partly within district boundaries, or
within two miles of district boundaries or of any land owned or used by the district.
Such interests include any leasehold, beneficial or ownership interest or option to
acquire such interest in real property.
b) Investments or business positions in or income from sources which:
(1) are engaged in the acquisition or disposal of real property within the district.
(2) are contractors or subcontractors which are or have been within the past two
years engaged in work or services of the type used by the district, or
(3) manufacture or sell supplies, books, machinery or equipment of the type used
by the district.
Category 2
Designated persons in this category must report investments or business positions in or
income from sources which:
(a) are contractors or subcontractors engaged in work or services of the type used by the
department which the designated person manages or directs, or
(b) manufacture or sell supplies, books, machinery or equipment of the type used by the
department which the designated person manages or directs. For the purposes of this
category, a principal's department is his/her entire school.
NOTICE: Investments include any financial interest in or security issued by a business entity,
including but not limited to common stock, preferred stock, rights, warrants, options, debt
instruments, and any partnership interest or other ownership interest. (Government Code
82034)
Investments do not include 1) a time or demand deposit in a financial institution, shares in
a credit union, any insurance policy, or any bond or other debt instrument issued by any
government or government agency; 2) assets with a fair market value of less than one
thousand dollars. (Government Code 82034)